Patna High CourtCR. MISC./840/2017bail granted

Sanjay Kumar Sriwastava @ Sanjay Srivastava v. The State Of Bihar

2017-01-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.840 of 2017 Arising Out of PS.Case No. -447 Year- 2016 Thana -JAHANABAD District- JEHANABAD ====================================================== Sanjay Kumar Sriwastava @ Sanjay Srivastava son of Late Tapeshwari Prasad Srivastava, R/O Mohalla Devi Asthan Gaurakshani P.S. + DistrictJehanabad. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jogendra Kumar,Advocate. For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Jehanabad P.S. Case No. 447 of 2016 for the offences punishable under sections 467, 468, 471, 420 and 409 of the I.P.C.

Allegedly, the petitioner committed manipulation in the dispatch register/ peon book by inserting letter no. 233 dated 28.11.2009 on 06.11.2009 in the matter of District Lokayukta Koshang and on the order of the District Magistrate, Jehanabad FIR has been lodged.

Submission is of false implication and that the date of occurrence is dated 06.11.2009 and the case has been registered on

Patna High Court Cr.Misc. No.840 of 2017 (2) dt.12-01-2017 2/2 14.09.2016 after delay of seven years, the petitioner has handed over the charge to his successor Arun Prasad, only on false allegation the petitioner has been implicated and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering the delay in lodging the FIR and further considering the nature of allegation, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Jehanabad in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T